PANCHAM LAL Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been preferred for issuance of a writ of certiorari quashing the impugned order dated 14.2.2002 passed by the respondents. Petitioner also seeks a writ of mandamus directing the respondents to pay the post retirement benefits to him for the post of Manager (M and E-I) in pursuance of the orders dated 3.1.2001 and 8.8.2001 passed in Civil Misc. Writ Petition No. 3138 of 1982 and any other writ, order or direction which may be deemed fit and proper in the circumstances of the case. It appears from record that writ petition was amended vide order of this Court dated 7.8.2008 whereby another prayer in the nature of mandamus has been added in the petition for directing the respondents to give effect the recommendation dated 7.7.1997 of the U.P. Public Service Commission (hereinafter referred to as the Commission) by providing notional promotion to the petitioner to the post of Marketing Manager and Economic Investigator forthwith and also to pay him post retirement benefits accordingly.

(2.) The backdrop of the case in capsule is that the petitioner was directly appointed initially on the post of Junior Investigator w.e.f. 24.5.1962 thereafter he was directly appointed as Senior Investigator w.e.f. 1.10.1975 and confirmed on the said post. Thereafter under a scheme in the Department of Industries of District Industry Centre certain posts of Manager Marketing and Economic Investigator (hereinafter referred to as Manager (M & E-1) were created. Pursuant to advertisement for appointment on the said posts, petitioner applied for selection and he along with 13 other candidates was selected and appointed vide letter of appointment dated 16.1.1981. After about one and a half year i.e. on 3.5.1982, the appointments of all the candidates including petitioner and one Sri P.C. Jain were cancelled reverting them to the post of Senior Investigator.

(3.) The aforesaid order dated 3.5.1982 was challenged in Civil Misc. Writ Petition No. 3138 of 1982 (Pancham Lal versus State of U.P. and others) by the petitioner. The other writ petition being Civil Misc. Writ Petition No. 3013 of 1982 (P.C. Jain versus State of U.P. and others) was preferred by Sri P.C.Jain. In the writ petition filed by the petitioner an interim order was passed. Since the Petitioner was holding the post in question having been directly appointed, pursuant to the advertisement, he was continued on the post of Manager Marketing and Economic Investigator and paid his salary in terms of the interim order. The writ petition was later on admitted and after exchange of counter and rejoinder affidavits, the stay order was confirmed.